Please also read Sexual Misconduct: What Every Student Needs to Know and Safety Tips.

Policy Against Sexual Misconduct

Suffolk University supports the rights of all students to live and study in an environment free from sexual coercion and violence. Sexual contact with another person without his/her consent or with the use and/or threat of force violates the standards of civility, decency, and respect expected of all members of the campus community.

Suffolk University prohibits non-consensual sexual activity (including, but not limited to, sexual assault and rape) and sexually exploitative behavior (jointly referred to as “sexual misconduct”).

Acts of sexual misconduct may be committed by men against women, women against men, men against men, and women against women. The issue in any case is not the gender or sexual orientation of the persons involved but the acts committed. Any retaliatory action or behavior taken toward an individual as a consequence of his/her decision to report a violation or pursue action or criminal prosecution, or any retaliatory action or behavior taken toward any individual who cooperates in an investigation is prohibited. Retaliatory acts may include, but are not limited to, threats, intimidation, or harassment. Retaliation may result in immediate disciplinary action.

Prohibited Conduct

Non-Consensual Sexual Activity:
Non-consensual sexual activity includes, but is not limited to, sexual assault and rape, any sexual activity by a group of students that takes place without the consent of the other student(s) or individual(s) involved.

The crime of rape occurs when the offender has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury. Sexual activity includes intentional contact with the breasts, mouth, buttocks, groin, or genitals, or touching another person with any of these body parts, or forcing another person to touch you or themselves with or on any of these body parts; intercourse, however slight, meaning vaginal penetration by a penis, object, tongue, or finger, anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).

Sexually Exploitative Behavior
Sexually exploitative behavior occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Sexually exploitative behavior may also constitute non-consensual sexual activity.

Examples of sexual exploitation include, but are not limited to:

• Prostitution (such as selling or exchanging money or something else of value or benefit for sexual acts);
• Taking pictures or video or audio recording another in a sexual act or in any other private sexual activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent);
• Unauthorized posting or distribution of materials involving the sexual activity of another person, including electronic postings;
• Sexual voyeurism (such as watching a person who is undressing, using the bathroom, or engaging in sexual acts without the consent of the person observed);
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or another sexually transmitted disease (STD) and without informing the other person of the infection.
• Administering alcohol or drugs (such as “date rape” drugs) to another person without his/her knowledge or effective consent.

Sexual Harassment
Suffolk University prohibits sexual harassment. Refer to the Policy in Opposition to Harassment, Including Sexual Harassment available in this Student Handbook.

Consent
Consent must be informed and given freely by all participants to any sexual activity. For consent to be valid, there must be an exchange of mutually understandable words or actions between participants to a sexual interaction. Consent must be present throughout the activity and can be revoked at any time. Silence, or the fact that the parties had previously been in a relationship, by itself is not sufficient to indicate consent. Consent may not be given by someone who is disoriented, asleep, drugged, intoxicated, unconscious, under 16 years of age, physically helpless, or mentally disabled. Consent cannot be obtained by the use of physical force, compelling threats, intimidating behavior, or coercion.

A student who engages in sexual activity when the student knows, or should know, that the other person is disoriented, asleep, drugged, intoxicated, unconscious, under 16 years of age, physically helpless, or mentally disabled has violated this policy. It is not an excuse that the student accused of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Sexual activity with someone whose incapacity results from the ingestion of alcohol, drugs, or a so-called “date-rape” drug is in violation of this policy. Possession, use, and/or distribution of any of these substances, including, but not limited to, Rohypnol, Ketamine, GHB, and Burundanga, is prohibited, and administering one of these substances to another student for the purpose of inducing incapacity for a sexual purpose is a violation of this policy. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Confidentiality
Suffolk University understands that a student who has been the survivor of sexual misconduct may wish to talk about the incident with the assurance that the discussion will be confidential. Confidentiality may not be assured when there is imminent risk of harm to the survivor or others. Students may speak with staff members in the Counseling Center or with the University chaplain confidentially for emotional support:

Counseling Center
73 Tremont Street, 5th floor
617.573.8226
www.suffolk.edu/offices/989.html

Amy Fisher, University Chaplain
Donahue Hall, 5th floor
617.573.8325
www.suffolk.edu/interfaith

Because these services are, in most cases, confidential, a discussion with any of these sources may not result in a complaint being filed with the University or result in action being taken by the University to respond to the incident. A student who wants emotional support only should contact the confidential counseling resources listed above. A student wishing to have an incident investigated or adjudicated must make a complaint in accordance with the procedures described below.

The University endeavors to respect and follow the wishes of any individual who brings forward a sexual misconduct concern. However, students should understand that the University staff may have ethical and legal obligations to investigate, attempt to resolve, or adjudicate incidents of sexual misconduct that come to its attention and also may have obligations to report the matter to the local police department. Therefore, depending on the circumstances, it may not be possible for a conversation with Suffolk University Police (SUPD), a Resident Assistant (RA), or other administrators to be kept in confidence, or, said another way, for these individuals simply to listen without taking action.

What to Do After a Sexual Misconduct Incident

Students who are survivors of sexual misconduct should give strong consideration to reporting the incident. Reporting sexual misconduct to SUPD or other law enforcement authorities (does not require the reporting party to press criminal charges and )may not result in the filing of criminal charges, but it does allow all support systems to be put in place for the survivor.

Reporting is best done as soon as possible after the sexual misconduct occurs, but it may be done at any time. Please note that the definition of sexual misconduct is broad and that the facts and circumstances of the sexual misconduct incident will dictate the immediate response a student may take. The procedures identified below are provided as guidelines only.

Get to a safe place quickly. If the perpetrator is still in the area or his/her presence on campus is threatening, call SUPD at 617.573.8111. Off campus, call 911 to contact the police department in the city or town where you are located.

Once SUPD is informed that sexual misconduct may have taken place, SUPD may inform the Boston Police Department Sexual Assault Unit (when an alleged sexual assault is reported) of the survivor’s name, and an investigation may be conducted. SUPD has at least one officer on duty at all times who is specially trained in sexual assault investigation and victimology.  These officers will inform the survivor of the medical and emotional services available and the survivor’s  physical and emotional wellbeing will be the highest priority.  SUPD will assist the survivor in accessing these services and will advise the survivor of the options for pursuing criminal prosecution, internal university disciplinary action or both. 

SUPD will maintain the confidentiality of the reporting parties to the extent permitted by law and will not reveal the survivor’s identity to any non law-enforcement person or department without the permission of the survivor.

Survivors may ask SUPD for a taxi voucher to Massachusetts General Hospital (MGH) without having to report sexual misconduct.

Preserve physical evidence. Because evidence of the misconduct and the perpetrator’s identity (hair, seminal fluids, bits of skin, etc.) may be left on the survivor’s body, it is important not to bathe, shower, douche, or even use the toilet if avoidable. If the survivor was assaulted orally, drinking or brushing teeth prior to an exam should be avoided. Survivors should not straighten up the scene of the incident and should take a change of clothes to the hospital. If the survivor must change clothes, put the items that were worn at the time of the attack in a paper bag (not plastic) and bring them to the hospital. Having physical evidence collected can strengthen a case if the survivor pursues legal action.

Seek timely medical attention. Survivors are encouraged to go for a sexual assault exam as soon as possible because injuries should be treated promptly and evidence deteriorates quickly. If you are on campus, SUPD can arrange free taxi transportation for you to MGH. MGH employs trained sexual assault nurse examiners (SANE) to collect forensic evidence, check for injuries, and provide preventative treatment for pregnancy and exposure to sexually transmitted diseases. A survivor may bring a friend or family to the hospital for support.

Hospitals in the Boston area with sexual assault nurse examiners are:

Massachusetts General Hospital
55 Fruit Street
Boston, MA 02114-2622
Web site: www.massgeneral.org
Contact page: www.massgeneral.org/contact.html

Boston Medical Center
One Boston Medical Center Place
Boston, MA 02118
617.638.6800
Web site: www.bmc.org
Contact page: www.bmc.org/patients

Beth Israel Deaconess Center
330 Brookline Avenue
Boston, MA 02215
617.667.7000
Web site: www.bidmc.org
Contact page: www.bidmc.org/ContactUs.aspx

Brigham and Women’s
75 Francis Street
Boston, MA 02115
617.732.5500
Web site: www.brighamandwomens.org
Contact page: www.brighamandwomens.org/forms/contactus.asp

Cambridge Hospital
1493 Cambridge Street
Cambridge, MA 02139
617.665.2300
Web site: www.challiance.org
Contact page: www.challiance.org/contact_us/phone_list.shtml

Children’s Hospital
300 Longwood Avenue
Boston, MA 02115
617.355.6000
Web site: www.childrenshospital.org
Contact page: www.childrenshospital.org/contactus.cfm

Newton-Wellesley Hospital
2014 Washington Street
Newton, MA 02462
617.243.6000
Web site: www.nwh.org 
Contact page: www.nwh.org/contact.asp

The Boston Area Rape Crisis Center
(BARCC) can provide a free medical advocate to meet survivors and their families in hospital emergency departments. In the immediate aftermath of a sexual assault or rape, survivors face a host of emotional, medical, and legal decisions. BARCC medical advocates are certified rape crisis counselors who provide information and support to the survivor and/or family at the hospital. Advocates provide support throughout the entire forensic exam if the survivor wishes. They can also be helpful with safety planning, arranging transportation, paperwork, and with follow-up plans. Research has shown that survivors who have a rape crisis advocate present at the hospital are more likely to feel positive about the experience of going to the hospital. This is an important start to the healing process. BARCC can be reached at its 24-hour hotline at 800.841.8371.

Suffolk University’s Health and Wellness Services can provide referrals for physical exams, pregnancy tests, and screening and treatment for sexually transmitted diseases.

Contact someone trained to help. Students who are survivors of sexual misconduct may wish to contact any of the following based on comfort level or personal circumstances. There is not a clear best place to start in all cases. Be sure to read the following section carefully prior to contacting someone trained to help because it contains information about maintaining your confidentiality.

Suffolk University Counseling Center
617.573.8226
73 Tremont Street, 5th floor
www.suffolk.edu/offices/989.html

The Counseling Center provides free, confidential services to students involved in sexual misconduct incidents and other Suffolk students. Confidentiality may not be assured when there is imminent risk of harm to the survivor or others. The Counseling Center member will maintain a summary of the incident for record keeping but will not share the survivor’s name without his/her permission. Counselors at the Counseling Center are available to assist survivors in a crisis situation and provide information about options, including medical assistance, psychological counseling, University disciplinary action, and legal prosecution. Counselors can provide safe, confidential support during this difficult period and can inform students of common reactions to crises and discuss coping methods that may assist students immediately following the assault and after. Talking about concerns with one of these counselors may help students sort through feelings and decide what to do. An individual appointment with a counselor may be made by contacting the Counseling Center at 617.573.8226, or the survivor may be seen without an appointment anytime between 11am and 12pm (arrive by 10:30am) or between 2pm and 3pm (arrive by 1:30pm) Monday through Friday. The Counseling Center is located on the fifth floor of 73 Tremont Street. In an emergency, the survivor will be seen immediately.

Boston Area Rape Crisis Center (BARCC)
800.841.8371 (24-hour hotline)
www.barcc.org

BARCC offers free, confidential services to sexual assault survivors, their friends, and families. It also operates a 24-hour confidential hotline that provides survivors of sexual assault with telephone counseling and personal support. The Center also maintains a referral network of survivor support groups (call 617.492.RAPE or 617.492.7273).

Suffolk University Health and Wellness Services
617.573.8260
73 Tremont Street, 5th floor
www.suffolk.edu/offices/932.html

Health and Wellness Services can provide free medical care and referrals for follow-up care, emergency contraception, and screening and testing for sexually transmitted diseases. Health and Wellness Services may be required to report the incident to the dean of students.

Interfaith Center
617.573.8325
Donahue Hall, 5th floor
www.suffolk.edu/interfaith

The Interfaith Center provides confidential pastoral care and support for survivors of sexual misconduct. Confidentiality may not be assured when there is imminent risk of harm to the survivor or others.

Resident Assistant (RA) or Residence Life & Housing Staff Member
An RA or Residence Life staff member can provide immediate support and referrals for further care. An RA or Residence Life & Housing staff member must report the incident and your name to his/her supervisor.

Suffolk University Police Department (SUPD)
617.573.8111

SUPD can provide emergency response and coordinate transportation to and from the hospital.  SUPD may report the survivor’s name to the Boston Police Sexual Assault Unit, and an investigation may be conducted. SUPD has at least one officer on duty at all times who is specially trained in sexual assault investigation and victimology.  These officers will inform the survivor of the medical and emotional services available and the survivor’s  physical and emotional wellbeing will be the highest priority.  SUPD will assist the survivor in accessing these services and will advise the survivor of the options for pursuing criminal prosecution, internal university disciplinary action or both.  The police will maintain the confidentiality of the reporting parties to the extent permitted by law and will not reveal the survivor’s identity to any non law-enforcement person or department without the permission of the survivor.  SUPD will contact the Boston Police or other police department with jurisdiction in the place where the incident took place and assist the survivor in filing a report with that police department if desired.

The Student Affairs Office
617.573.8239
73 Tremont Street, 12th floor
www.suffolk.edu/studentaffairs

The senior associate dean of students and associate dean of students provide support and referrals for follow-up care. They will provide information about the Student Conduct System and accommodations for class changes, living arrangements, course incompletes or withdrawals, and will provide referrals for counseling and medical treatment.

Ask questions. Survivors have the right to ask questions throughout the process and decide what is best for them. Survivors are encouraged to use both on- and off-campus resources to help understand available options.

Procedures for Filing a Report or Submitting a Complaint

Suffolk University believes that students should retain the right to move forward (or not) with a complaint about sexual misconduct. As a result, two options are available to assist students in reporting an incident of sexual misconduct:

In an emergency, if you are on campus, you are encouraged to contact SUPD at 617.573.8111 so they may secure the area, detain suspects, begin an investigation and coordinate the arrival of the Boston Police Sexual Assault Unit to campus (when there is a report of an alleged sexual assault). The survivor’s name WILL BE shared with the Boston Police, and an investigation may be conducted.   Officers will inform the survivor of the medical and emotional services available and the survivor’s  physical and emotional wellbeing will be the highest priority.  SUPD will assist the survivor in accessing these services and will advise the survivor of the options for pursuing criminal prosecution, internal university disciplinary action or both.  The police will maintain the confidentiality of the reporting parties to the extent permitted by law and will not reveal the survivor’s identity to any non law-enforcement person or department without the permission of the survivor.  SUPD will contact the Boston Police or other police department with jurisdiction in the place where the incident took place and assist the survivor in filing a report with that police department if desired.

A student who wishes to report sexual misconduct or file a complaint against another student through the University (potentially leading to disciplinary action) should notify the Student Affairs Office at 617.573.8239. The senior associate dean of students or associate dean of students will explain support options, investigative steps, and hearing procedures and may be required to inform SUPD or other university officials of the incident. If disciplinary action is taken, the survivor’s name may not be included in any reports and may not be discussed with the charged student.

After reporting an incident of sexual misconduct to SUPD or the Student Affairs Office, a survivor may request the following:

• A change of an on-campus student’s housing to a different on-campus location
• Transfer of class sections when available
• Assistance in exploring alternative housing, incompletes, a leave of absence, or withdrawing from the University

The senior associate dean of students or associate dean of students is available to meet with a student considering submitting a complaint, may outline the process for filing a complaint, and explain University discipline procedures.

The disciplinary procedures outlined in the Community Standards and the Student Conduct System will be followed for complaints of sexual misconduct committed by another Suffolk student. Those procedures are described in more detail in the Student Handbook.

Depending on the circumstances, both students in a case may be issued administrative orders to have no contact with one another. This allows the matter to proceed without any possible harassment or miscommunication between parties.

In accordance with the Student Conduct System described in more detail in the Student Handbook, a charged student will be entitled to: Receive written notice of charges; View the written complaint in the office of the hearing officer in the presence of a department staff member during normal business hours: Be notified of the date, time, and place of the charged student’s administrative hearing; Receive notice of the fact that the charged student’s failure to schedule an administrative hearing by the due date or appear for an administrative hearing may result in the administrative hearing being conducted in the absence of the charged student; Provide the names of up to four (4) witnesses with personal knowledge of the incident at least one (1) business day prior to the administrative hearing; The hearing officer will decide, in his/her sole discretion, whether to seek to obtain information from witnesses. Present his or her case; Decline to answer any questions or make any statements during an administrative hearing. The outcome of the administrative hearing will be based on the information or lack thereof presented at the hearing and information gathered through an investigation (if applicable); Be informed in writing of the decision and sanction, if any; and Request in writing an appeal of the decision resulting from an administrative hearing no later than two (2) business days after the date of the determination letter. The date of the request for the appeal is the date on which a document is mailed, an e-mail is sent, or a written message is delivered. A charged student is entitled to one appeal.

The alleged survivor will be entitled to: Receive written notice of charges; View the written complaint in the office of the hearing officer in the presence of a department staff member during normal business hours; Be notified of the date, time, and place of the charged student’s administrative hearing; Be notified that he/she has the opportunity to meet with the hearing officer to provide information about the incident; Receive notice of the fact that if he/she fails to schedule a meeting with the hearing officer to provide information about the incident, the hearing officer will meet with the charged student to conduct an administrative hearing and a decision will be rendered; Provide the names of up to four (4) witnesses with personal knowledge of the incident at least one (1) business day prior to the charged student’s administrative hearing. The hearing officer will decide, in his/her sole discretion, whether to seek to obtain information from witnesses. Present his or her case; Decline to answer any questions or make any statements. The outcome of the administrative hearing will be based on the information or lack thereof presented at the hearing and information gathered through an investigation (if applicable); Be informed in writing of the decision and sanction, if any; and Request in writing an appeal of the decision resulting from an administrative hearing no later than two (2) business days after the date of the determination letter. The date of the request for the appeal is the date on which a document is mailed, an e-mail is sent, or a written message is delivered. An alleged survivor of a charged student’s misconduct is entitled to one appeal.

The Student Conduct System process is founded on educational ideals that reflect the University’s academic mission. As much as possible, the University is committed to educating students to be aware of policy, to respect others, and to be accountable for their actions. Sanctions can range from warning to dismissal from on-campus housing or the University.

Past Abuse

Many individuals experience sexual misconduct and never tell anyone at the time of the incident. If you were assaulted weeks or even years ago, assistance is still available. Talking with someone now may help you to cope better with abuse from the past, whether it was rape, child sexual abuse, incest, or sexual harassment.

Sexual Misconduct Response Team

The purpose of the Sexual Misconduct Response Team is to address the safety needs of the Suffolk community while protecting the survivor’s right to privacy and insuring the integrity of any police investigation or University disciplinary action. The Sexual Misconduct Response Team may be composed of at least the:

• Dean of students
• Senior Associate Dean of Students
• Director of Suffolk University Police (SUPD)
• Director of the Counseling Center
• University risk manager
• Other members of the Suffolk community, such as the director of Health and Wellness Services, director of Residence Life and Housing, and director of Public Affairs may be included as needed for a given set of circumstances.

If it is determined that a reported incident of sexual misconduct represents a potential danger to the Suffolk community, the Sexual Misconduct Response Team will be convened. A potential danger to the Suffolk community includes the following:

• A pattern of acquaintance sexual misconduct incidents;
• A pattern of stranger sexual misconduct incidents that occur near the campus; 
• A violent or sadistic sexual misconduct incident; or
• A gang rape or sexual misconduct incident.

If a potential danger to the Suffolk community is found to exist, a safety notice to the Suffolk community may be released, and other steps may be taken to ensure public safety. Although the survivor will not be present at the Sexual Misconduct Response Team meetings, the survivor’s rights to anonymity will be respected by all members and overseen by the dean of students.